Defense says DA violated gag order

A judge may impose a formal gag order in the murder case against former New England Patriots tight end Aaron Hernandez after his attorneys accused the state of allowing leaks they contend could jeopardize his right to a fair trial.

"Mr. Hernandez is entitled to a fair trial," Fee told Judge Susan Garsh during the hourlong proceeding. "He is entitled to a jury panel that has not been poisoned by either false or sensational statements."

The judge did not immediately rule on the defense's request for a formal gag order.

Hernandez has pleaded not guilty to murder in the June shooting death of Odin Lloyd, a 27-year-old semi-professional football player who was dating the sister of Hernandez's girlfriend.

In a November filing, Hernandez's attorneys said the state had "flouted" the rules of professional conduct and disregarded the judge's admonition against prejudicial out-of-court commentary.

The defense said the prosecution orchestrated a "publicity stunt" in October, when authorities served Miami Dolphin Michael Pouncey with a subpoena related to the case after playing the Patriots at Gillette Stadium in Foxborough. Pouncey played football with Hernandez at the University of Florida. The defense said serving the subpoena in that way and statements to the media attributed to law enforcement sources whipped up more publicity about the case.

The prosecution has not commented publicly on the subpoena.

In court Monday, Assistant District Attorney William McCauley denied the allegations, saying no leaks have come from the district attorney's office or the investigative team.

"We are playing fair," he said. "We've agreed to the rules of professional conduct, and we're abiding by them."

McCauley accused the defense of misconduct by calling into question the state's integrity, without evidence of who was responsible for any leaks.

Despite sparring in court, the two sides agreed in principle on the issuance of a gag order. The judge asked both to submit specific proposals for a formal order, both due in January.

Hernandez, who's from Bristol, Conn., was in court Monday but did not speak. His girlfriend, Shayanna Jenkins, and mother also attended. Jenkins is facing a perjury charge related to her testimony before the grand jury that indicted Hernandez. She has pleaded not guilty.

Prosecutors allege Hernandez killed Lloyd because he was upset with him for talking to some people at a nightclub with whom Hernandez had problems.

"We are playing fair," he said. "We've agreed to the rules of professional conduct, and we're abiding by them."

McCauley accused the defense of misconduct by calling into question the state's integrity, without evidence of who was responsible for any leaks.

Despite sparring in court, the two sides agreed in principle on the issuance of a gag order. Rather than ruling Monday, Garsh asked both to submit specific proposals for a formal order, both due in January.

Hernandez was in court Monday but did not speak. His girlfriend, Shayanna Jenkins, and mother also attended. Jenkins is facing a perjury charge related to her testimony before the grand jury that indicted Hernandez. She has pleaded not guilty.

Prosecutors allege Hernandez killed Lloyd because he was upset with him for talking to some people at a nightclub with whom Hernandez had problems.

I WILL LET YOU KNOW HOW THAT PLAYS INTO CHRISTMAS EVE AND CHRISTMAS DAY IN A FEW MINUTES. HEATHER? THE JUDGE IN THE AARON HERNANDEZ MURDER CASE IS WEIGHING A GAG ORDER. THIS AFTER ATTORNEYS FOR THE FORMER PATRIOTS STAR ACCUSE THE STATE OF ALLOWING LEAKS THAT JEOPARDIZE HIS RIGHT TO A FAIR TRIAL. KELLEY TUTHILL LIVE WITH THE DETAILS IN FALL RIVER. PROSECUTORS DENY THEY ARE LEAKING INFORMATION ABOUT HERNANDEZ WHO SPENT MOST OF THE HEARING SMILING OR MOUTHING "I LOVE YOU" TO HIS FAMILY. IN A FALL RIVER COURTROOM, AARON HERNANDEZ MUST HAVE FELT LIKE AN NFL STAR AGAIN WITH FANS WEARING HIS JERSEY, EVEN BUTTONS WITH HIS PHOTO. I WANTED TO BE HERE BECAUSE I SUPPORT AARON HERNANDEZ 101%. I BELIEVE HE IS INNOCENT. THE FORMER TIGHT END SMILED SEVERAL TIMES DURING THE HEARING AS THE MOTHER OF THE MAN HE IS ACCUSED OF MURDERING LEFT THE COURTROOM IN TEARS. TODAY'S HEARING FOCUSED ON A DEFENSE REQUEST FOR THE JUDGE TO PUT A GAG ORDER ON THE CASE SAYING LAW EPIFORCEMENT IS LEAKING ENDORSEMENT IS LEAKING INFORMATION TO THE MEDIA WITH HERNANDEZ. THE DEFENSE WAS PARTICULARLY CONCERNED ABOUT THE LEAK THAT MIAMI DOLPHIN MIKE POUNCEY WAS SEVENNED A S SUBPOENA AT GILLETTE STADIUM. GRAND JURY PROCEEDINGS ARE SUPPOSED TO BE SECRET. THEY HAVE NO IDEA WHERE THESE THINGS ARE COMING FROM. THEY SHOULD FIND OUT. THERE ARE WRITTEN PROTOCOLS. LEGAL EXPERT DAVID FRANK. THE JUDGE CAN ISSUE SOME KIND OF A GAG ORDER. THE QUESTION IS GOING TO BE HOW EXPANSIONIVE IT IS. HERNANDEZ MOUTHED "I LOVE YOU TO" TO HIS MOTHER AND FIANCEE AS HE WAS TAKEN BACK TO JAIL. BOTH LEFT THE COURTROOM WITHOUT SPEAKING TO REPORTERS. WE DID ASK AARON HERNANDEZ'S